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Supreme Court & High Courts Judgments
(i) Bharatiya Nyaya Sanhita, 2023, S.69 -- Sexual Intercourse on Promise to Marry -- Subsequent Refusal Due to Parental Disapproval -- Indicates promise made with genuine intention -- Sectio..
Supreme Court
Bharatiya Nyaya Sanhita, 2023, S.69 -- Bail -- Sexual Intercourse on Promise to Marry Where Both Parties Already Married -- No question of promise to marry as marriage could not be solemnise..
(i) Civil Procedure Code, 1908, O.23 R.3A -- Challenge to Compromise Decree -- Third Party Claiming Independent Right -- Not barred from filing independent suit -- The statutory bar against ..
Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Part Payment Received Before Presentation -- Cheque cannot be enforced for the full original amount -- A cheque must represe..
Indian Evidence Act, 1872, S.114 -- Adverse Inference -- Defendant Not Entering Witness Box -- Not warranted where defence rests on undisputed document -- A defendant is not required to step..
(i) General Principle (Service Law) -- Pensionary Benefits -- Service Rendered Prior to Regularization -- Must be counted as qualifying service -- Service rendered by an employee on contract..
(i) Constitution of India, Art.21 -- Family Pension -- Entitlement of Widow -- Arises from date of death of husband, not date of approaching Tribunal -- Family pension is a valuable right an..
(i) Partnership Act, 1932, S.48 -- Partnership Dissolution -- Valuation of Outgoing Partner's Share -- Determined as on date of actual valuation, not date of dissolution -- Upon dissolution ..
(i) Indian Penal Code, 1860, S.376 -- Rape -- Failure to Prove Age of Victim Under POCSO -- Failure of prosecution to prove age of victim as required for an offence under Section 3 of POCSO ..
Electricity Act, 2003, S.56(2) -- Electricity Dues -- Recovery of MCGC Beyond Two Years -- Recovery of any sum due from a consumer after two years from the date it first became due is barred..
(i) General Principle -- Doctrine Against Reformatio in Peius -- Litigant cannot be worse off for availing statutory remedy -- No litigant can be placed in a position worse than existed prio..
(i) Bombay Prohibition Act, 1949 (Gujarat), S.98(2) -- Interim Custody of Seized Vehicle -- Bar under Section 98(2) Gujarat Prohibition Act -- Not an absolute embargo on release -- The restr..
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